9.3 Indemnities

Indemnities can be given to provide protection against personal accident and public liability.

Queensland Treasury has issued Guidelines on Risk Management and Insurance (dated January 1994) regarding indemnities for persons who are in some way working for or on behalf of the Government, but are not Crown employees. Page twelve of these Guidelines states as follows:

Indemnities can be used for persons who are in some way working for or on behalf of the Government, but who are not Crown Employees. Such groups may include members of Government boards and committees, as well as volunteers in schools, hospitals, national parks, etc.

An indemnity should not however be extended to members of the general public or to consultants or contractors.

The application of the indemnities and the payment of any compensation - is wholly the responsibility of each individual agency. Agencies will also be responsible for developing appropriate reporting and claims-handling procedures to ensure the legitimacy of claims.

Queensland Treasury has developed suggested indemnities for personal injury claims (for persons who are not covered by WorkCover) and public liability claims. These indemnities enable departments and agencies to replace insurance policies which only provide partial cover and which are not usually cost-effective. The indemnities are flexible, do not attempt to cover fully every eventuality, and leave 'accountable officers' with some discretion in determining an appropriate level of compensation.

A Government Board which is not constituted by statute and functions in an advisory role only will not have the legal power to grant an indemnity.

It is important to appreciate that there is no single general indemnity for all Government Boards. The issue of indemnities must be addressed on a case by case basis. Cabinet has approved Principles and Categories of Tied Work for Crown Law for "statutory bodies which represent the Crown". This means that if a body is a "statutory body which represents the Crown" it must seek advice from the Crown Solicitor concerning entitlements to indemnities. Crown Law can provide legal advice to Boards in accordance with Government Policy Guidelines referred to in section 9.1 above, on whether a public officer, in accordance with existing guidelines and practices, is entitled to be indemnified by the Crown or be provided with legal representation at the expense of the Crown in the courts or before public or coronial inquiries.

Last reviewed: 17 July, 2009

Last updated: 22 July, 2009

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